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Recognition of same-sex unions in Seychelles

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Part of the LGBT rights series
Marriage legal

Recognized

Civil unions or registered partnerships but not marriage
Minimal recognition
See also
Notes
  1. ^ a b Performed in the Netherlands proper (including the Caribbean Netherlands), as well as in Aruba and Curaçao. May be registered in Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. ^ Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. ^ Neither performed nor recognized in six British Overseas Territories.
  4. ^ a b Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  5. ^ Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. ^ a b c d e The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. Some member states, including Romania, do not follow the ruling.
  7. ^ Recognition of a "declaration of family relationship" is available in 68 of Cambodia’s communes which may be useful in matters such as housing, but is not legally binding.
  8. ^ Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.
  9. ^ Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. ^ Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. ^ Some cities and prefectures issue partnership certificates, but they are not legally binding.
  12. ^ Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.
  13. ^ Hospital visitation rights through a "legal representative" status.
  1. ^ a b Not yet in effect.
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Seychelles does not recognise same-sex marriages or civil unions. The Civil Code of Seychelles does not provide for the recognition of same-sex unions, and the Constitution of Seychelles grants the state the power to restrict marriage to persons of the opposite sex.

Background

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Same-sex sexual relations were previously prohibited in Seychelles under a colonial-era law. This law stipulated a penalty of 14 years' imprisonment for consensual, private sexual relations between people of the same sex, although it had never been enforced.[1] A bill repealing the criminalisation of homosexuality was enacted in 2016.[2][3][4] Laws prohibiting discrimination on the basis of sexual orientation and a more welcoming and accepting society relative to other African nations have cemented Seychelles as one of "Africa's most LGBT-friendly countries".[5][6]

In June 2015, a same-sex couple, a British national and a Seychellois national who also held British citizenship, were married by High Commissioner Lindsay Skoll at her residence in Bel Air. The marriage was performed under British law and lacks legal recognition in Seychelles. Attorney General Ronny Govinden said, "We do not consider them married and their marriage does not have any legal standing, for example if they decide to adopt they will not be able to adopt the child as a married couple. If one of them dies… the inheritance laws… the one left behind will not be considered as a surviving spouse, if there is any pension the other will not be entitled to any benefit." The marriage proved controversial, and was criticised by some religious leaders. Bishop Denis Wiehe said the wedding would cause "a state of complete confusion in the minds of our fellow citizens". The Seychelles Principal Secretary for Foreign Affairs, Maurice Loustau-Lalanne, described the marriage ceremony as "lacking in sensitivity". The British High Commission said the two men "were legally entitled to be married by an appropriate British official on British territory". "Should the government of Seychelles have declined to give permission, such a service would not have been offered. The British High Commission has complete respect for the laws, culture, beliefs and values of the Republic of Seychelles." The British High Commission "sought and has been granted permission [by the government] to provide this service."[7]

[edit]
Same-sex sexual activity legal
  Same-sex marriage
  Limited recognition (foreign residency rights)
  No recognition of same-sex couples
Same-sex sexual activity illegal
  Prison but not enforced
  Prison
  Death penalty on books but not enforced
  Enforced death penalty

Marriage in Seychelles was previously governed by the Civil Status Act 1980 (French: Loi de 1980 sur l'état civil; Seychellois Creole: Lalwa Leta Sivil 1980).[8] The act did not expressly forbid same-sex marriages and did not contain a definition of marriage. However, it generally referred to married spouses as "man" and "woman" and used gender-specific terminology with regard to married spouses.[9] The Civil Code of Seychelles, which now governs the requirements and application process for couples wishing to marry, similarly does not contain an explicit definition of marriage.[10] However, it states that a marriage is void if "the parties to the marriage were not respectively male and female". As a result, same-sex couples cannot marry in Seychelles and do not have access to the legal rights, benefits and obligations of marriage, including protection from domestic violence, adoption rights, tax benefits and inheritance rights, among others. Civil unions (French: union civile, pronounced [ynjɔ̃ sivil]; Seychellois Creole: linyon sivil), which would offer a subset of the rights and benefits of marriage, are likewise not recognised in Seychelles.[11]

Article 32(1) of the Constitution of Seychelles describes the family "as the natural and fundamental element of society" and recognises "the right of everyone to form a family". However, article 32(2) states:[12]

The right contained in clause (1) may be subject to such restrictions as may be prescribed by law and necessary in a democratic society including the prevention of marriage between persons of the same sex or persons within certain family degrees.

In July 2022, activists met President Wavel Ramkalawan to discuss the possibility of legalising same-sex marriage. "We spoke mostly about people who are already married, having done so overseas with both either being Seychellois or one Seychellois and the other an expatriate. Marriage is recognised internationally but we also want recognition here in Seychelles.", said activist Sasha Alis.[13]

Religious performance

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The Catholic Church, the largest Christian denomination in Seychelles, opposes same-sex marriage and does not allow its priests to officiate at such marriages. In December 2023, the Holy See published Fiducia supplicans, a declaration allowing Catholic priests to bless couples who are not considered to be married according to church teaching, including the blessing of same-sex couples.[14]

See also

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References

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  1. ^ "State-sponsored Homophobia: A world survey of laws prohibiting same sex activity between consenting adults" (PDF). International Lesbian, Gay, Bisexual, Trans and Intersex Association, authored by Lucas Paoli Itaborahy. May 2012. p. 34. Archived from the original (PDF) on 17 October 2012.
  2. ^ "Seychelles repeals colonial-era law banning gay sex". PinkNews. 18 May 2016.
  3. ^ "Act 11 of 2016 Penal Code (Amendment)" (PDF). Archived from the original (PDF) on 28 May 2019. Retrieved 8 September 2017.
  4. ^ "Penal Code (Amendment) Act, 2016 | Seychelles Legal Information Institute". seylii.org. Archived from the original on 28 May 2019. Retrieved 20 May 2020.
  5. ^ Lavers, Michael (20 September 2024). "New Seychelles penal code to include LGBTQ-inclusive hate crimes provisions". The Washington Blade.
  6. ^ Heney, Paul (1 January 2024). "Seychelles: a destination embracing LGBTQ travelers". TravelPulse.
  7. ^ Uranie, Sharon; Aml, Hajira (13 June 2015). "First same-sex union in Seychelles takes place at British high commissioner's residence". Seychelles News Agency. Victoria.
  8. ^ "Lasanble i aprouv lamannman dan Lalwa Leta Sivil". Seychelles Nation (in Seselwa Creole French). 12 July 2018.
  9. ^ "Civil Status Act". SeyLII. Retrieved 26 September 2024.
  10. ^ "Civil Code of Seychelles Act, 2020" (PDF). Official Gazette of the Republic of Seychelles. Retrieved 26 September 2024.
  11. ^ "Getting Married". Government of Seychelles. Retrieved 26 September 2024.
  12. ^ "Constitution of Seychelles 1993 (rev. 2017)". constituteproject.org. Retrieved 26 September 2024.
  13. ^ Karapetyan, Salifa (22 July 2022). "LGBTI Sey lobbies Seychelles' President for new rights in the law and society". Seychelles News Agency.
  14. ^ Flynn, JD (2023-12-22). "Is the 'false narrative' narrative a false narrative?". The Pillar. Archived from the original on 23 December 2023. Retrieved 2023-12-23.
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